Since he took office at the ECCC, the Reserve International Co-Investigating Judge, out of respect for the law and the victims, has focused all his energy to continuing the judicial investigation of the highly contentious Cases 003 and 044. In addition to conducting field investigations, the suspects were informed of their rights and were granted access to the case file. By way of a decision on the jurisdiction of the ECC to continue Case 003, the facts under investigation were made public with a view to ensuring that the victims are properly informed and able to exercise their rights.

For reasons which are manifestly more political and financial than strictly judicial, the Reserve International Co-Investigating Judge – whose prerogatives were constantly called into question by his national counterpart for no material legal reason – found himself in a highly hostile environment and was severely impeded in the day-to-day performance of his duties, as a result of which he tendered his resignation to the United Nations Secretary General.

In light of the internal investigations into the violation of ECCC Internal Rule 35, the Reserve International Co-Investigating Judge has reason to believe that several individuals, both current and former staff members of the ECCC, have interfered with the conduct of the investigation in Case File 004. The Reserve International Co-Investigating Judge has therefore reported this to the criminal prosecution authorities of the Kingdom of Cambodia. Moreover, the Reserve International Co-Investigating Judge is of the view that the role played by the National Co-Investigating Judge as described in his Note of 21 March 2012 amounts to a serious interference with the conduct of the judicial investigation in Case Files 003 and 004. The Reserve International Co-Investigating Judge has therefore brought this matter to the attention of the Supreme Council of the Magistracy of the Kingdom of Cambodia.

Finally, the Reserve International Co-Investigating Judge hereby invites all the competent authorities of the Kingdom of Cambodia and the United Nations to take a clear and common stand concerning the future of Case Files 003 and 004 so as to restore the image and dignity of the ECCC and uphold international justice.

The International Reserve Co-Investigating Judge, Laurent Kasper-Ansermet, disputes all of the confused allegations contained in the press release dated 26 March 2012 by the National Co-Investigating Judge, You Bunleng.

The legal reasoning of Judge You Bunleng seems completely unfounded and, in particular, contrary to the “Opinion of Pre-Trial Chamber Judges Downing and Chung”, dated 10 February 2012, which gave detailed reasoning and specified that “Judge You errs in fact and in law in his understanding of the authority of a Reserve Co-Investigating Judge” (Case File No 003/16-12-2011-ECCC/PTC, p. 21). The obstruction that he has encouraged and openly admitted to in the conduct of investigations in cases 003 and 004 amounts to professional misconduct and is a breach of the Internal Rules, the Law and the Agreement.

An equally serious matter is Judge You Bunleng publicly naming one of the investigators in charge of several ongoing investigations. It must be noted that by publicly revealing the identity of an investigator which was immediately picked up by the local media (Cambodia Daily, 27 March 2012), and thus putting the investigator’s security at risk, Judge You Bunleng has seriously violated the duties of his judicial office and will be held responsible for his role in the matter should any incident arise in that respect.

The aforementioned security risk is all the more serious given the recent statement by Lieutenant General Mao Chandra to the press (The Phnom Penh Post, 28 March 2012) in which he states that « Our forces closely cooperate with the UN side on security issues, but we cannot send forces out into the field with UN- appointed investigators unless there is an agreement within the co-investigating judges », an agreement which he is fully aware cannot be reached at present.

Judge Laurent Kasper-Ansermet has grave concerns about the lack of security which has come to light and must seriously question whether, in the current circumstances, Article 24 of the “Agreement between the United Nations and the Royal Government of Cambodia”, which states that “[th]e Royal Government of Cambodia shall take all effective and adequate actions which may be required to ensure the security, safety and protection of persons referred to in the present agreement. …” is being complied with.

The Australian Government has announced a new pledge of AUD 1.61 million (approximately US$ 1.73 million) the Extraordinary Chambers in the Courts of Cambodia (ECCC). AUD 1 million will be given to the international component and AUD 0.61 million will be given to the national component of the ECCC. The new donation was announced by the Australian Minister for Foreign Affairs, Senator the Hon Bob Carr, who visited the ECCC on 26 March 2012.

“The ECCC would like to thank the Australian government for their generous and continued support of the Court and its work to investigate and prosecute Khmer Rouge-era crimes. The Australian donation is a significant contribution, which will allow the ECCC to carry forward with the fulfillment of its mandate in seeking justice for the Cambodian people,” said Acting Director of the Office of Administration, H.E. Tony Kranh and Deputy Director Mr. Knut Rosandhaug in a statement.

Australia is a key donor to the ECCC, and it has supported the Court since its inception. With the latest donation, Australia has provided a total of AUD 18.3 million in financial support for the ECCC to strengthen the International Justice, National reconciliation and Legacy in Cambodia .

On 19 March 2012, the International Reserve Co-Investigating Judge released a Press Statement and made a number of documents public which require an explanation by the National Co-Investigating Judge for the part relating to his Office to avoid any public misunderstanding.

1. Lack of Acknowledgment and Support for Judge Laurent Kasper-Ansermet’s Standing as the International Co-Investigating Judge

Before his arrival in Phnom Penh, the International Reserve Judge, on 17 November 2011, sent the National Co-Investigating Judge an email requesting a meeting at the ECCC to discuss procedural measures in relation to Cases 003 and 004, and stating that the Cambodian government opposed his coming to Cambodia.[1] The National Co-Investigating Judge is convinced that this remark had no basis, since only a few days after that he arrived unimpeded at the ECCC. Shortly after his arrival, on 2 December 2011, the International Reserve Judge sent the National Co-Investigating Judge a draft Order on Resuming the Judicial Invesitgation for Case File 003[2] though a single meeting had yet to be convened. On 5 December 2011 the National Co-Investigating Judge met with judge Laurent Kasper-Ansermet and informed him, “I cannot discuss any case file-related issue or undertake any procedural measure with you [International Reserve Judge] while the International Co-Investigating Judge’s seat is still vacant because it is mandatory, in accordance with the principles stipulated in the Internal Rules, Article 26 and 27 of the Law on the Establishment of the ECCC and Article 3 and Article 5.6 of the Agreement, that an International Reserve Co-Investigating Judge be first officially appointed as a full rights judge, as previously applied when Judge Siegfried BLUNK’s replaced Judge Marcel LEMONDE. Therefore, you must first wait for an official appointment as a fully-accredited judge. Besides, such hasty actions will not provide Case 003 and 004, and the Office of Co-Investigating Judges with any common interest, and hence you [International Reserve Judge] should rather take this time to peruse the substance of the Case Files, for they contain a large number of fundamental documents. Furthermore, you also need to understand the procedures implemented at the ECCC because in this instance, you have mistakenly referred to “Ordonnance de Reprise de l’Instruction Préparatoire” [which is normally conducted by Co-Prosecutors] at the investigation stage, when “Judicial Investigation” shall be applied”. International Reserve Judge Laurent Kasper Ansermet admitted that he had not looked into the Case Files but needed to take immediate action to reopen the investigation for Case File 003 for fear that the National Co-Investigating Judge would send the Forwarding Order to the Co-Prosecutors. In reponse, the National Co-Investigating Judge explained, “the Forwarding Order was drafted months ago by the National Co-Investigating Judge and the International Co-Investigating Judge Siegfried BLUNK, but we were not able to sign it during Judge BLUNK’s time only due to the unexplained or unreasoned delay in the Pre-Trial Chamber’s decision on the Co-Prosecutors’ appeal. Now, because a fully-accredited International Co-Investigating Judge is not available for discussion on issuing the Forwarding Order, the National Co-Investigating Judge is not able to forward it to the Co-Prosecutors and would not take such a rushed action that could lead to a violation of procedural principles”. Read the rest of this entry »

I have very deep affection for my grandfather, Pheach Kim, and my grandmother, Nop Seng, whom I have lived with ever since I was a young girl at Kampong Som Province. My parents were very busy with their careers as teachers in Phnom Penh, so sometimes I also lived with my Uncle Vanny and Auntie Phat.

My grandfather was an honest man. In the village, everybody knew him as a friendly and respectable man. He worked as a mechanic at the SKD beer factory. Even at age 55, he was very strong physically. He was the breadwinner and conscientiously looked after the entire family. My affection for my grandfather developed from day to day, as he drove me every morning to Klaing Leu Primary School. After school, I would take food which my grandmother had prepared to my grandfather at his workplace. Sometimes, I would have lunch with my grandfather and some of his colleagues in the garden in front of the factory. My grandfather loved me very much. I remember that he protected me every time my aunt or uncle made me cry, telling them that my crying saddened him. In return for his protection, I would massage him when he felt tired after work. My grandmother also loved me very much. I remember hugging her every night when I slept. In my mind, they were like my parents and I called them “mother” and “father.”

Uncle Vanny was a hardworking man. He worked and studied at the same time to earn money to support his study. He taught me how to read and how to calculate numbers. He was a high school student at that time. In his free time, he would carry me over his neck as we walked to the orchard near our house. Uncle Vanny once participated in a singing contest at his school, singing a song called “Unfortunate Military Officer,” and won some money and school supplies. He also learned Taekwondo, a Korean martial art, to develop himself physically. Read the rest of this entry »

I wonder how Duch would feel if one of his sons or daughters were brought into Tuol Sleng?

By Men Lay

During the Pol Pot regime, I lived in Prek Be Village, Koh Thom Commune, Koh Thom District, Kandal Province. Like millions of other Khmer Rouge survivors in Cambodia, I lost one of my children, Min Kan, when the Khmer Rouge cadres (names unknown) took him away in 1975.

My son, Min Kan, enlisted in the Khmer Rouge Army at the age of sixteen. He left home and went to fight against Lon Nol soldiers along with his comrades-in-arms. I remained in our village to continue my work and heard no news from him. In 1975, dressed in his military uniform, he paid us a brief visit. After we had talked with each other for only a short while, the commune chief came and arrested him, saying that Angkar was accusing him of leaving his base without permission. My family could do nothing to intervene, because the local authority was very powerful at that time. Read the rest of this entry »

CAMBODIA TRIBUNAL MONITOR — Can the Royal Pardon and Amnesty Save Ieng Sary?
By Christine Evans, Northwestern University School of Law, LL.M. (International Human Rights) 2011.

The second day of initial hearings in Trial 002 in the ECCC brought a more subdued courtroom decidedly different from the trial’s opening day, as the parties refrained from the spirited debate and posturing for the public that had marked much of Monday’s proceedings. The judges seemed impatient to return to the planned agenda, and the parties seemed ready to oblige, limiting comments to the scope of the prescribed proceedings for most of day.

Throughout the day, the atmosphere in the public gallery also reflected the more reserved character of the courtroom, as the seats took longer to fill at the beginning of the day and were more quickly abandoned after each session was adjourned. Although the audience generally mirrored that at Monday’s hearings, with a mix of Buddhist monks and nuns, Cambodian villagers, and secondary school students, the number of foreign observers was noticeably lower, as seen by the large stock of translation headsets, nearly depleted on Monday, that remained as the day’s proceedings began. Read the rest of this entry »

STATEMENT OF THE GENERAL ASSEMBLY, SESSION 2 OF THE DEMOCRATIC NATIONAL UNITED MOVEMENT

(Unofficial translation by the Documentation Center of Cambodia)

A delegation of 245 people from the capital city Phnom Penh and provinces all over the Kingdom of Cambodia met January 25, 1999 in the General Assembly, Session 2 of the Democratic National United Movement (DNUM) under the chairmanship of His Excellency Ieng Sary, Head of the DNUM. After listening and discussing on various reports from all the sources, the Summit unanimously worked out a general declaration as follows:

On December 25, 1998, His Excellency Khieu Samphan, Former Head of State of the Democratic Kampuchea (DK) Regime, and His Excellency Nuon Chea, Former Chairman of the People’s Representative Assembly of the Democratic Kampuchea (DK) Regime, jointly sent a letter to Samdech Hun Sen, Prime Minister of the Royal Government of Cambodia, solemnly declaring their recognition of the royal leadership of His Royal Majesty Norodom Sihanouk, King of Cambodia, the Constitution of the Kingdom of Cambodia, and the incumbent Royal Government of Cambodia. They also declared their return into the society as simple citizens in order to help contribute to the national healing and reconciliation by ending the country’s internal division and joining in the restoration and building of Cambodia. Read the rest of this entry »

Deputy Premier Ieng Sary of Cambodia said Friday he has invited UN Secretary General Kurt Waldheim to visit the country and “see with his own eyes the truth of human rights charges” against its Communist government.

A UN spokesman said Waldheim was considering the invitation.

A Canadian report made to the UN Commission on Human Rights last month accused the Cambodian government of “violating almost every article of the Universal Declaration of Human Rights.” The declaration is a key UN document adopted in 1948.

On Thursday, 80 senators called for international action to stop what they called genocide by the Cambodian government against its people. The 48 Democrats and 32 Republicans signed a letter initiated by Sen. George McGovern (D-SD) asking the Administration to place Cambodia’s behavior on the agenda of the UN Security Council.

Ieng Sary, making his third visit to the United Nations as deputy premier in charge of foreign relations, said at a news conference that “indeed there were difficulties in 1975 and 1976.”

He referred to the forced evacuation of Cambodian cities right after the Communist takeover and said this had presented “some difficulties.”

But he said, “If we did not drive away the people from the city surely many would have been killed by now.” He did not explain the point further.

He said that after initial difficulties, “now these people from the city see they can live in the countryside more easily than before.”

In reply to questions, Ieng Sary told reporters that the country’s former ruler, Prince Norodom Sihanouk, is living comfortably in his palace, that Western journalists can visit the country and that Cambodia would welcome diplomatic relations with the United States.

He said the devastation of war had left the country without facilities to handle visiting correspondents and that the number who could come was still restricted. But he added, “We have nothing to hide,” and Japanese correspondents had recently toured the country.

He said requests to visit the country were being handled as rapidly as facilities permitted and “perhaps the turn for America will come in November or December. We are opening progressively our doors and invite you to visit our country,” he said.

Independently Searching for the Truth since 1997.
MEMORY & JUSTICE

“…a society cannot know itself if it does not have an accurate memory of its own history.”

Global financial crisis really affected strongly Cambodia tourism industry which is one of four pillar sectors to drive the growth of Cambodian economy. During the first 9 months of 2010, the number of foreign tourists increased 15 percent.

According to the statistics from the Ministry of Tourism, the number of foreign tourists who traveled to Cambodia via land, air, and sear was up to 1,803,180 tourists about 14,6 percent from 1,573,940 tourists in the same period last year.

Tith Chantha, director general at the Tourism Ministry, was quoted by the post as saying that Cambodia aims to meet a goal of 2.5 million international visitors during 2010, up from 2.16 million last year.

He added that “growth could be at around 15 percent for all of 2010 because of economic recovery, more regional flight connections and broad promotions.”

Most of foreign tourists are coming from Korea, China, Thailand and other Countries.

Presently, Cambodian farmers still keep utilizing a high amount of chemicals in crops and food supply. Seang Huy, executive director of the Cambodian Chemical Association, told VOA Khmer that the chemical exposure can be dangerous, so bother consumers and producers must pay more attention to the problem.

She added that “some banned agricultural chemicals are still in use amongst Cambodian farmers. We also see some chemicals used as food additives.”

Chan Sarun, Agriculture Minister, told a meeting of government and development officials on July 14, that “the ministry is considering convention membership because we want to prevent other countries from using Cambodia as a trash bin for their hazardous chemicals and pesticides,” reported VOA Khmer.

Seang Huy said some banned chemicals like some insecticides are still in use in Cambodia, even though the country has banned more than 100 of them.

However, she acknowledged that the use of natural insecticides was harder for farmers, who are under pressure to meet market demands for low-cost goods.

The Rotterdam Convention requires proper labeling and instructions from countries of origin for chemicals, as well as disclosures on restrictions or bans of the chemicals. Both Thailand and Vietnam are among the 134 parties to the convention.

About 300 Cambodian villagers filed into Tuol Sleng Genocide Museum in Phnom Penh on Tuesday, lingering over photographs and searching for relatives lost to the Khmer Rouge.

They paid rapt attention as their tour guides led them through the facility and expressed shock at the variety of torture methods on display.

“I saw the images of torture and I didn’t think it would be like that,” said Sor Song, 52. “I saw it with my own eyes, and I felt shocked to see it.”

The reactions of Sor Song and his fellow tour members are not so different from thousands of others who have visited Tuol Sleng over the years, yet their frame of reference is decidedly different: the Pailin residents are former supporters – and in many cases members – of the movement that operated the infamous prison. Read the rest of this entry »

Yesterday, the Acting International Co-Prosecutor filed with the Office of the Co-Investigating Judges the Second and Third Introductory Submissions so that judicial investigations are opened into the criminal acts alleged therein. This filing was done in accordance with the directions given by the Pre-Trial Chamber in its Considerations Regarding the Disagreement Between the Co-Prosecutors Pursuant to Internal Rule 71 (Disagreement No. 001/18-11-2008-ECCC/PTC), received by the Co-Prosecutors on 2 September 2009. Read the rest of this entry »

Between 7 and 11 September 2009, the ECCC will hold its 6th Plenary Session at the ECCC Main Courtroom, National Road 4, Phnom Penh, Cambodia.

This Plenary Session will discuss proposed amendments to the Internal Rules concerning the conduct of ECCC proceedings, including rules relating to, amongst other things, protective measures, rules of evidence, deadlines for Civil Party applications, measures designed to expedite proceedings once a Closing Order is appealed, and procedure before the Supreme Court Chamber. The Plenary Session will also, in advance of Case 2, discuss proposed directions of change to the current model of victim participation. This discussion, which will be limited to concepts only, will seek a mandate to adapt the current Civil Party model to the requirements of mass crimes and the specific Cambodian context. Read the rest of this entry »

The Acting Director of the Office of Administration has in accordance with the applicable provisions in the ECCC law, the Agreement between the Royal Government of Cambodia and the United Nations and the Court’s Internal Rules, forwarded “Considerations of the Pre-Trial Chamber Regarding the Disagreement Between the Co-Prosecutors Pursuant to Internal Rule 71” to the two Co-Prosecutors. Read the rest of this entry »